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Board Minutes


BOARD OF DIRECTORS MEETING

Thursday, November 6, 2003

Board of Supervisors' Chambers
County Government Center
70 West Hedding Street
San Jose, California

Summary Minutes

1. CALLED TO ORDER at 6:03 p.m.
  
2.

Members Present: Alvarado, Beall (Ex-Officio), Chavez, Cortese, Dando, Dixon, Gage, Gonzales, Kennedy, La Poll, McHugh, McLemore, Pirzynski, Springer, Valerio, Williams

Members Absent: Mossar, Yeager

  
3. ORDERS OF THE DAY

Removed from Other Items and placed on the Consent Agenda: Agenda Item #19., Approve programming $60,000 in Transportation Fund for Clean Air Program Manager (TFCA 40%) funds to the VTA Downtown Area Shuttle (DASH) Retrofit Project in the FY 2003/04 cycle, and further, revised the TFCA 40% Competitive Program cost-effectiveness criterion from $50,000/ton to $90,000/ton.

Accepted Orders of the Day.

  
4. AWARDS AND COMMENDATIONS

A. Employees of the Month for November 2003

Presented awards to Marie McLaughlin, River Oaks Administration; Maureen Sandoval, Cerone Maintenance; and, Sharon Young, Cerone Operations, as Employees of the Month for November 2003.

B. Recognized Participants of 2003 APTA Roadeo

Presented awards to Gary Marquardt, Light Rail Operator and James Becker, Light Rail Operator as the first place Rail Rodeo winners of the Eleventh Annual APTA International Rail Rodeo Competition. Robert Lawrence, Coach Operator, and second place winner of the International Bus Roadeo competition was not present.

C. Supported a Concurrent Resolution in the State Legislature naming the interchange at Highways 101 and 85 in San Jose in honor of Michael P. Evanhoe as he retires from 30-years of dedicated work in transportation; and further, forward a letter indicating VTA�s support of a concurrent resolution to Assemblyman Manny Diaz and State Senator Byron Sher.

  

CONSENT AGENDA

Requested that the following items be removed from the Consent Agenda and Placed on the Regular Agenda: Agenda Item #11., Authorize the General Manager to execute various construction contract change orders with DeSilva Gates-Harris, a Joint Venture, for construction of the I-880 Widening Project within an increased contract amount of not to exceed $48,910,645, an increase of $300,000 over the current level of authority delegated to the General Manager. Agenda Item #13., Authorize the General Manager to extend the existing agreement with Smith, Watts & Company for state legislative advocacy services for a period of 25 � months in the amount of $97,363 for a new contract total of $465,723. From November 15, 2003, to December 31, 2004, the fixed retainer would be the current rate of $3,765 per month. From January 1, 2005, to December 31, 2005, the rate would be $3,878 per month. Further authorize the General Manager, at his discretion, to extend this agreement beyond December 31, 2005, for two additional one-year periods at a retainer rate to be negotiated, but which will not exceed $5,000 per month. Agenda Item #15., Authorize the General Manager to amend the total authorized funding for the DeSilva Gates Construction contract to accommodate adjustments to asphalt quantity estimates on the Tasman East Light Rail Project - Pavement Resurfacing contract in an amount of $600,000, for a new contract amount of $2,181,106. �
  
5. Approved the Minutes of the Board of Directors' Workshop Meeting of September 19, 2003.
  
6. Approved the Minutes of the Regular Board of Directors' Meeting of October 2, 2003.
  
 

ADMINISTRATION AND FINANCE COMMITTEE

7. Approved the Minutes of the Regular Board of Directors' Meeting of October 2, 2003.
  
8. Approved the re-appointments of Cynthia Aleman, Jeanette Bruntz, Emma Eljas, Linda Gallo, Sandra Gouveia, Michelle HammCiric, Gerry James, Martin Lasich, Laura Michels, Maryjane Naughten, Marian Otis, and Barbara Stahl to the Committee for Transit Accessibility for a two-year term.
  
9. Authorized the General Manager to amend the contract with Hayden J. Lee Consultants, for Disadvantaged Business Enterprise (DBE) professional services in the amount of $30,000, for the current fiscal year for a new total of $129,680. Additionally, amended years two and three of the agreement in the amount of $69,320 for a new total for the three-year agreement of $397,000. �
  
10. Authorized the General Manager to execute a contract with Amland, the lowest responsible bidder, in the amount of $756,758 for construction of the Route 85/87 Interchange Highway Planting Project in the City of San Jose.
  
11.

(Removed from the Consent Agenda and placed on the Regular Agenda.)

Authorize the General Manager to execute various construction contract change orders with DeSilva Gates-Harris, a Joint Venture, for construction of the I-880 Widening Project within an increased contract amount of not to exceed $48,910,645, an increase of $300,000 over the current level of authority delegated to the General Manager.�

  
12. Adopted Resolution No. 03.11.16 authorizing the General Manager to execute fund transfer agreements with the State of California Department of Transportation (Caltrans) for fiscal years 2002/2003 and 2003/2004 State Transportation Improvement Program (STIP) Planning, Programming and Monitoring Program. �
  
13.

(Removed from the Consent Agenda and placed on the Regular Agenda.)

Authorize the General Manager to extend the existing agreement with Smith, Watts & Company for state legislative advocacy services for a period of 25 ½ months in the amount of $97,363 for a new contract total of $465,723. From November 15, 2003, to December 31, 2004, the fixed retainer would be the current rate of $3,765 per month. From January 1, 2005, to December 31, 2005, the rate would be $3,878 per month. Further authorize the General Manager, at his discretion, to extend this agreement beyond December 31, 2005, for two additional one-year periods at a retainer rate to be negotiated, but which will not exceed $5,000 per month.

  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

14. Adopted Policies, Project Selection and Programming Criteria for the Valley Transportation Plan 2020 (VTP 2020) Sound Barrier Program. �
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE

15.

(Removed from the Consent Agenda and placed on the Regular Agenda.)

Authorize the General Manager to amend the total authorized funding for the DeSilva Gates Construction contract to accommodate adjustments to asphalt quantity estimates on the Tasman East Light Rail Project - Pavement Resurfacing contract in an amount of $600,000, for a new contract amount of $2,181,106. �

  
19. Approved programming $60,000 in Transportation Fund for Clean Air Program Manager (TFCA 40%) funds to the VTA Downtown Area Shuttle (DASH) Retrofit Project in the FY 2003/04 cycle, and further, revised the TFCA 40% Competitive Program cost-effectiveness criterion from $50,000/ton to $90,000/ton.
  
  
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REGULAR AGENDA

  
11.

Authorized the General Manager to execute various construction contract change orders with DeSilva Gates-Harris, a Joint Venture, for construction of the I-880 Widening Project within an increased contract amount of not to exceed $48,910,645, an increase of $300,000 over the current level of authority delegated to the General Manager.

Noted the ribbon cutting for the I-880 Widening Project will take place on Thursday, November 13, 2003.

  
13.

Authorized the General Manager to extend the existing agreement with Smith, Watts & Company for state legislative advocacy services for a period of 25 ½ months in the amount of $97,363 for a new contract total of $465,723. From November 15, 2003, to December 31, 2004, the fixed retainer would be the current rate of $3,765 per month. From January 1, 2005, to December 31, 2005, the rate would be $3,878 per month. Further authorized the General Manager, at his discretion, to extend this agreement beyond December 31, 2005, for two additional one-year periods at a retainer rate to be negotiated, but which will not exceed $5,000 per month.

Noted request of a written report quarterly and a personal report to the VTA Board of Directors annually be added as a part of the Contract.

Staff noted that a monthly report regarding legislative advocacy has been requested of Smith, Watts & Company and will be included in the Board of Directors regular monthly Legislative Reports. Staff agreed that an annual personal report from Smith, Watts & Company to the Board of Directors is appropriate.

  
15.

Authorized the General Manager to amend the total authorized funding for the DeSilva Gates Construction contract to accommodate adjustments to asphalt quantity estimates on the Tasman East Light Rail Project - Pavement Resurfacing contract in an amount of $600,000, for a new contract amount of $2,181,106.

Inquired if the City of San Jose has agreed to picking up a portion of the cost to complete additional asphalt overlay work. Staff responded that the City of San Jose entered into a Cooperative Agreement in January of 2001 and San Jose City staff has indicated they will honor their share of the original Cooperative Agreement.

  
 

ADMINISTRATION AND FINANCE COMMITTEE CHAIRPERSON'S REPORT -

16. Determined that approximately 1.78 +/- acres of vacant land adjacent to Morgan Hill Caltrain Station Park and Ride Lot within the City of Morgan Hill is surplus and authorized the General Manager to execute all necessary documents to sell VTA's undivided 59% interest in the parcel to the Redevelopment Agency of the City of Morgan Hill (RDAMH) for a purchase price of $503,215.
  
 

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE CHAIRPERSON'S REPORT -

There were no items submitted for the Regular Agenda by the Congestion Management Program and Planning Committee.
  
 

TRANSIT PLANNING AND OPERATIONS COMMITTEE CHAIRPERSON'S REPORT -

17. Authorized the General Manager to execute a three-year contract with Value Management Strategies Inc. (VMS) for Value Engineering and Technical Review Board Services related to the SVRT Project in an amount not to exceed $2,600,000. (Item heard at TP&O September 18, 2003 Meeting.)
  
18.

Authorized the General Manager to enter into agreements with the City of San Jose and Barry Swenson Builder to relocate transit parking, transfer VTA property to the City and provide for development of housing and retail on VTA property at the Tamien Station.

Acknowledged the leadership of the San Jose City Council.

Expressed pleasure in working with VTA staff on the project.

  
  
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OTHER ITEMS

19.

(Removed from Other Items and placed on the Consent Agenda.)

Approve programming $60,000 in Transportation Fund for Clean Air Program Manager (TFCA 40%) funds to the VTA Downtown Area Shuttle (DASH) Retrofit Project in the FY 2003/04 cycle, and further, revise the TFCA 40% Competitive Program cost-effectiveness criterion from $50,000/ton to $90,000/ton.

  
20. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no new Items of Concern and Referral to Administration.
  
21. LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.�
  
22. REPORTS FROM AD-HOC COMMITTEES

A. Heard a report that the Ad-Hoc Financial Stability Committee conducted its final meeting on October 29, 2003. Committee Members, Stakeholders, and VTA staff were acknowledged for their commitment. Noted that the Committee's recommended list of several items, for the short and long term is included in the Agenda Packet. Advised that the list of recommendations will be reviewed in detail at the November 7, 2003 Board Workshop. Noted that before making any decisions it is critical that the Board is fully aware of the projected financial condition and understand the cost of projects, debt service, and impacts on operating systems.

B. Heard a report that the Ad-Hoc Restructuring Committee, at its meeting on November 6, 2003: 1) Received a presentation of the proposal from the City of Milpitas for each of the cities to have a seat on the VTA Board of Directors, no recommendation was made regarding the proposal. 2) Discussed several scenarios for greater representation for each city: a) through the use of the Policy Advisory Committee whose membership includes the County of Santa Clara and each city within the County, b) directing staff to work with the various city groupings to better represent each city, c) the use of an alternate for each city for participation in Board Workshops and Closed Sessions, d) a potential re-shuffle of the city groups for the Board of Directors' rotation.

Eugene Bradley, Santa Clara Valley Riders' Union, expressed concern that the Ad-Hoc Restructuring Committee did not consider the Santa Clara Valley Riders' Union's proposal for restructuring and noted their desire for the members of the VTA Board of Directors to be elected by the public.

  
23. SUMMARY MINUTES FROM STANDING COMMITTEES

A.� Administration and Finance Committee

Accepted as contained in the Agenda Packet.

B. Congestion Management Program and Planning Committee

Accepted as contained in the Agenda Packet.

C. Transit Planning and Operations Committee

Accepted as contained in the Agenda Packet.

  
24. REPORTS FROM ADVISORY COMMITTEES

A. Committee for Transit Accessibility (CTA)

Accepted as contained in the Agenda Packet.

B. Citizens Advisory Committee (CAC)

Accepted as contained in the Agenda Packet.

C. Bicycle & Pedestrian Advisory Committee (BPAC)

Accepted as contained in the Agenda Packet.

D. Technical Advisory Committee (TAC)

Accepted as contained in the Agenda Packet.

E. Policy Advisory Committee (PAC)

Accepted as contained in the Agenda Packet.

F. Community Oriented Design Enhancements Committee (CODE)

Accepted as contained in the Agenda Packet.

  
25. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

Advised the Board Members that the Reports from the JPBs & Regional Commissions were placed in front of them on the dais.

A. Peninsula Corridor JPB

B. Capitol Corridor JPB

C. Metropolitan Transportation Commission (MTC)

  
26. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB

There was no report from the Tasman/Capitol Light Rail PAB.

B. Vasona Light Rail PAB

There was no report from the Vasona Light Rail PAB.

C. Silicon Valley Rapid Transit Corridor PAB

Accepted as contained in the Agenda Packet.

D. Caltrain PAB

There was no report from the Caltrain PAB.

E. Downtown East Valley PAB

There was no report from the Downtown East Valley PAB.

F. Highway PAB - South

There was no report from the Highway PAB-South.

  
27. REPORT FROM THE NOMINATING COMMITTEE

Accepted the Nominating Committee Report recommending the following slate of officers for the 2004 Board of Directors: Chairperson, Don Gage and Vice Chairperson, Joe Pyrzynski, for a term of January 1, 2004 through December 31, 2004.
  
28. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON

Accepted the Nominating Committee Report recommending the following slate of officers for the 2004 Board of Directors: Chairperson, Don Gage and Elected for the 2004 Board of Directors: Chairperson, Don Gage and Vice Chairperson, Joe Pyrzynski, for a term of January 1, 2004 through December 31, 2004.
  
29. REPORT FROM THE CHAIRPERSON

A. Adopted the Year 2004 Board of Directors Meeting Schedule.

B. Appointed Don Gage to the Peninsula Corridor (Caltrain) Joint Powers Board.

  
30. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.
  
31. ANNOUNCEMENTS

Member Valerio announced that this is his last year on the Board of Directors and the Sunnyvale City Council. He commended the Board of Directors, VTA staff, and the community for their dedication and cooperative work together for the benefit of the organization through hard times and expressed his confidence that the organization will continue to succeed and provide the best public transit possible and become a model for other transit agencies throughout the country.

Chairperson Kennedy thanked Member Valerio for all of his hard work and dedication.

  
32. PUBLIC PRESENTATIONS

Marylou Avanzino, Interested Citizen, expressed concern regarding the rule that bicycles loaded in the front of a VTA bus cannot be locked to the racks. Requested that bus drivers be reminded to turn off their engines when they are on break.

James Whiteman, Interested Citizen, inquired if the light rail from Mountain View to I-880 Milpitas will run mid-day every 30 minutes. Staff responded that the light rail will run every 15 minutes.

Randy Jonnese, Business Agent for the County Employees Management Association (CEMA), noted that the issue of representation has been pending for eight months and requested that VTA Board of Directors direct staff to contact the State Department of Industrial Election and indicate that they are willing to conduct an election now.

Pradeep Dullabh, VTA Technology Department, expressed a desire to work with management to continue to get the buses out on the street and get the light rail running.

Jerry Grace, Interested Citizen, expressed surprise that Member Valerio had been working with VTA for eight years and suggested a party for the outgoing Board Member. He expressed support for a publicly appointed Board of Directors.

Chairperson Kennedy noted that there will be a presentation to departing Board Members at the first regularly scheduled Board Meeting in January 2004.
  
33.

CLOSED SESSION at 6:50 p.m.

Ex-Officio Member Beall left the meeting at 6:50 p.m.
Member Gonzales left the meeting at 6:50 p.m.
Member McHugh left the meeting at 6:51 p.m.
Member Springer left the meeting at 6:52 p.m.
Member Dixon left the meeting at 6:59 p.m.
Member Gage left the meeting at 7:24 p.m.

A. Existing Litigation - Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Name of Case: Homer J. Olsen v. VTA
(Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

B. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organizations:
Amalgamated Transit Union (ATU) Local 265

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Scott Buhrer, Chief Financial Officer
Robert Escobar, Manager, Office of Employee Relations

C. Conference with Legal Counsel - Pending Litigation
[Government Code Section 54957.9 (a)]

County Employees Management Association (CEMA) v. VTA, et al.
Santa Clara County Superior Court Case No. CV 006 149

D. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

RECONVENED TO OPEN SESSION at 7:25 p.m.

  
34. CLOSED SESSION REPORT

A. Existing Litigation - Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Name of Case: Homer J. Olsen v. VTA
(Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

There was no reportable action taken during Closed Session.

B. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organizations:
Amalgamated Transit Union (ATU) Local 265

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Scott Buhrer, Chief Financial Officer
Robert Escobar, Manager, Office of Employee Relations

There was no reportable action taken during Closed Session.

C. Conference with Legal Counsel - Pending Litigation
[Government Code Section 54957.9 (a)]

County Employees Management Association (CEMA) v. VTA, et al.
Santa Clara County Superior Court Case No. CV 006 149

There was no reportable action taken during Closed Session.

D. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

There was no reportable action taken during Closed Session.

  
35. ADJOURNED at 7:26 p.m.
  
  
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